State v. Turrietta
| Decision Date | 29 April 2011 |
| Docket Number | Docket No. 29,561 |
| Parties | STATE OF NEW MEXICO, Plaintiff-Appellee, v. MANUEL TURRIETTA, Defendant-Appellant. |
| Court | Court of Appeals of New Mexico |
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Gary K. King, Attorney General
Santa Fe, NM
Ralph E. Trujillo, Assistant Attorney General
for Appellee
Trace L. Rabern
Santa Fe, NM
Scott M. Davidson
Albuquerque, NM
for Appellant
{1} Following a jury trial, Manuel Turrietta (Defendant) was found guilty of murder in the second degree (firearm enhancement) contrary to NMSA 1978, Section 30-2-1(B) (1994) and NMSA 1978, Section 31-18-16(A) (1993), shooting at or from a motor vehicle resultingin great bodily harm contrary to NMSA 1978, Section 30-3-8(B) (1993), aggravated battery with a deadly weapon contrary to NMSA 1978, Section 30-3-5(C) (1969), and tampering with evidence contrary to NMSA 1978, Section 30-22-5(B)(1) (2003). Defendant appeals, claiming that (1) the district court improperly closed the courtroom during the testimony of two confidential informants in violation of Defendant's right to a public trial under the Sixth Amendment to the United States Constitution and Article II, Section 14 of the New Mexico Constitution; (2) the State suppressed favorable material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); and (3) Defendant is entitled to a judgment of acquittal or, alternatively, a new trial, under the cumulative error doctrine. We affirm Defendant's convictions.
{2} On July 20, 2006, Defendant was involved in a gang-related shooting in Albuquerque, New Mexico. Defendant, a member of a gang known as Bad Boys Krew (BBK), shot and killed Alberto Sandoval (Victim), a member of a gang known as West Side, following a verbal exchange in a gas station/grocery store parking lot. Defendant explained that "[s]ome of the BBK brothers are from [Thugs Causing Kaos] TCK." Evidence was presented that Defendant was a member of TCK. Defendant confessed to the killing, but claimed that he had acted in self-defense.
{3} Prior to trial, Defendant moved to compel the production of any "and all documents that [the State had] in [its] possession related to gang affiliation" of certain witnesses, including the following confidential informants: David Torrez, Joshua Ayala, Brandon Neal, and George Morales. Additionally, Defendant sought an order "requiring the State to disclose... any and all motives for the confidential informants to cooperate with authorities in this case." In light of the State's alleged failure to provide this information in a timely manner, Defendant moved to strike the testimony of these witnesses and to suppress "any and all exculpatory information" pursuant to Rules 5-501,-503, and-505 NMRA and Brady, 373 U.S. 83.
{4} The City of Albuquerque moved to quash all subpoenas "seek[ing] the identification and records of confidential informants, as well as other records, the production of which may compromise the safety of individuals who are non-parties and further compromise on-going criminal investigations." The State filed a motion to clear the courtroom of unnecessary persons during the testimony of Torrez, Ayala, Neal, and Morales. The State alleged that these witnesses, all of whom were current or former gang members, had been threatened and/or beaten due to their involvement in this case. The State informed the district court that it was
{5} The district court held a hearing on the parties' discovery motions. At the hearing, the State argued that it did not intend to admit any "gang files" into evidence, instead therivalry between the TCK and West Side gangs would be presented through the testimony of Albuquerque police officers "based on their experience and their training and... knowledge." Additionally, the State informed the district court that there were no confidential informant files related to this case because Torrez, Ayala, Neal, and Morales "came forward of their own volition" and were not given any "promises in return, not paid, nothing." Although there was one confidential informant file unrelated to this case, the State claimed that it was irrelevant to the proceedings and more prejudicial than probative because its disclosure could put the confidential informant in danger.
{6} The district court conducted an in camera review of the confidential informant file and held "that portions of the file should be redacted and limited portions produced subject to the provisions of [a] [p]rotective [o]rder." With respect to the gang files, the district court decided to "wait until trial and address those objections as they are presented." Defendant agreed that this was the appropriate course of action, stating that
{7} The district court also held a hearing on the State's motion to close the courtroom during the testimony of Torrez, Ayala, Neal, and Morales. The district court recognized that, in light of Defendant's constitutional right to a public trial, the State had the burden to establish a "substantial probability of danger." The district court afforded the State an opportunity to fulfill its burden by conducting a limited voir dire of the confidential informants in a closed courtroom. Defendant objected, arguing that a closed courtroom, even during voir dire, violated the "First Amendment rights of the people in the gallery to be present" and Defendant's Sixth Amendment right to a public trial. In response, the district court informed the parties that, twice at the beginning of the trial, a graffiti "tagging" reading "TCK Blast" had been found outside of the courtroom. In light of the evidence of a gang presence in the courtroom, the court found that there was "a significant and compelling reason for the protection of witnesses... to determine whether or not there have been any threats to any of the witnesses who will be testifying."
{8} During voir dire, Torrez, a former member of TCK, testified that he was twice "jumped" or "beat up" in jail by other TCK members, Joey Leyba, Julian Leyba, Jason Rubio, and Anthony (last name unknown), for being a "snitch[]." Additionally, Torrez testified that "some fools broke [the] windows" of his girlfriend's car. At the close of Torrez' testimony, the State informed the district court that the individual with the moniker "TCK Blast" had been identified as Joey Leyba, one of the gang members who had physically beaten and threatened Torrez.
{9} George Morales, who was affiliated with "some" gangs, but no particular one, testified that there was "paperwork" out on him because he was a "witness," a "rat, snitch, whatever." Morales clarified that "paperwork" meant an "open hit" and that the members of TCK "were going to try and get at me, kill me, whatever."
{10} In light of the danger to the witnesses and the evidence of an undetected TCK presence in the courtroom, the district court partially granted the State's motion to close the courtroom. The district court held that the immediate family members of both Defendant and Victim, as well as attorneys, staff members, and press, could remain in the courtroom during Torrez' and Morales' testimony, but that all other members of the public would not be permitted entry "for the purposes of witness protection, as well as the protection of [D]efendant and the [c]ourt." Defendant objected to the exclusion of "approximately [thirty] people who are extended family members of [D]efendant," noting that they had a First Amendment right to attend the proceedings and that Defendant had a federal and state constitutional right to their presence. The district court stated that it did not "know of any other alternatives," except to "request names and [s]ocial [s]ecurity numbers and allow the deputies to run these names to determine whether or not they've been affiliated with any gangs." Because a partial closure of the courtroom was the "least intrusive and least limiting alternative that the [c]ourt [could] come up with," the district court overruled Defendant's objection.
{11} The State withdrew its motion to close the courtroom during Neal's testimony, because during voir dire Neal testified that he had not been threatened by any TCK members and that he was "not worried" about any possible retaliation due to his in-court testimony. The district court denied the State's motion with respect to Ayala, because there was no testimony indicating that Ayala had been threatened by TCK or West Side gang members. Accordingly, the courtroom was open to the public during both Neal's and Ayala's testimony.
{12} At trial, Torrez, Morales, Neal, and Ayala all testified that Defendant had admitted to shooting and killing Victim. Based on this testimony, as well as Defendant's confession, the jury found Defendant guilty of murder in the second degree, shooting at or from a motor vehicle, aggravated battery, and tampering with evidence. Additional facts and procedural history will be set forth as necessary.
{13} Defendant claims that he was deprived of his right to a public trial under the United States and New Mexico Constitutions because the district court closed the courtroom to the general public during the testimony of Torrez and Morales. The State responds that the partial closure of the courtroom was justified by the threats of violence against the witnesses and the evidence of a gang presence at Defendant's trial.
{14} The district court's ruling on a motion to close the...
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